Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1887-09-20
Hon. Matthew Edmiston.

a meeting of members of the bar
practicing in the Supreme Court OF
Appeals was held in the court room
on Monday afternoon to take appro-
pirate action in memory of Hon. Mat
thew Edmiston, of Lewis county,
who died on the Doth day of June.
Col. Robert White, of Wheeling, was
called to the chair and the following
preamble and resolutions we're pre-
sented by Hon. d. B. Lucas and
adopted after remarks by judges
johnson and Woods and A: f.. Ken
nedy, Esq:
WHEREAS. Since the last meeting of the Su-
preme Court of Appeals of this State, the Hon
| Orable Matthew Edmiston. formerly meinner
| of the Court has departed this lie ut us lase
residence in Weston, in Lewis county ana
whereas the members of the bar practicnS in
! this court and now in attendance upon It's SEES
sion have deemed it due to the memory OF our
deceased brother to give public expression 70
our high appreciation of his character ana
talents. and of onr sincere regret at his decease
and the consequent loss to the bar oil TINS
State. he it
Resolyed. l. That before his advent to the
|
while he occupied and adorned that elevated
position. Judge Edmiston illustrated and dis
played all of the higher qualities which COM
bine to constitute the truly judicial mind !; per-
| fcctly impartial, severely analytic. and OF a
trained and discriminating Judgment. His
| opinions as embodied in Our reports. are brief.
clear and comprehensive and may well serve as
models of the judicial style. His retiring dis
position declined all attempts at official cleya-
| ton and as his first appointment was unsollc-
tied. so with characteristic mOdcs:y he declined
all further candidaturc for that or any other
position.
| O. Resolred. That the Supreme Court of APP
peaIs be requested to enter of record these res
| Outions as a permanent testimonial of the bar
of West Virginia to the memory of our dtstln-
| Tulshed brother.
s. Resotued. That the Supreme Court of APP
peals he requested to communicate this action
to the family of the deceased and that the press
of the State be requested to publish the same.
On Tuesday morning, September
18th, at the opening of Court, Col.
White, after a few eloquent and
touching remarks, presented the fore
going resolutions, and in ordering
them to be placed upon the record
johnson. President, said:
We are again reminded that death is no re-
specter of persons. The lawyer at the bar. the
suffer at his side aud the judge upon the bench
are alike liable at any moment to be stricken
by the shaft of this insntiate archer All must
sooner or later fall before the unerring ain of
| this dread marksmaa. For three score and ten
years our friend escaped the deadly shaft. but
at last. after many years of feeble health he
was stricken down. But he yielded up bis life
only when his work was well done; Ills was
a life of great activity. Born and reared in
| the western part of Virginia his mind possessed
| the sturdy characteristics which were impressed
by his peculiar surroundings. He who from
carly childhood brcathGs the pure mountain
air and looks constantly upon the grandest
| works of Nature. generally possesses more
vigorous mind than one born and reared in the
| lOwlands or in the city. Judge Edmiston gave
carly promise that he would ndorn his chosen
profession. He was a successful lawyer. In
| 1851 he elected to the bench in the nine
tecnth circuit of Virginia over his distinguished
competitor. Gen. John j. Jackson. of Parkers-
bnrS. He served the people faithfully and
with marked ability Us u circuit judge. lie re-
| tired from the bench in 1850 just us the dark
clouds of civil war were about to burst upon
the country. He practiccd his profession dur
ing the period of the war and at its close did all
| he could to bring harmony out of the 6iscOrd
| then prevailing in the State Chosen by his
county Il member of the constitutional cOnvcn-
tion Of 1872. i'll health prevented him from TAX
| ing his seat in that assembly. In 1876. in the
| month of May. Judge John s. Hoffman of the
Supreme Court of appeals resigned his office,
the term of which would expire on the LIST day
Of january. 1877. and the Governor appointed
Judge Edmston to fill the uncXpircd term
He took his scat on this bench ut the June
term 1876 and worked constantly until in De
| ccmocr of that year and in that Time the Court
wrote the 9th Volume of the West Virginia
Reports. in which all the opinions written by
Judge Edmi:ton will be found. Those opin-
ions speak fo: themselves; they are concise
| and cvincc judicial talent of high order. In
every position the Judge was called to to fill he
was bright and strong. his analytical fncnlty
was great. his perception was keen and his
power of generalization and condensation was
conspicuous. While on the bench. both cir
cult and supreme. there was one quality which
is essential to the acceptable Judge which dis
played itself with great prominence i'll him-an
innate love of justice; to which standard of
right he would come il through the entangle-
mcnts of conflicting evidence it was possible to
find it. He was n just. able and upright judge.
Judge EdmiSton was kind father. an affrc-
Tomato husband. and u citizen who always
strivcd to do his whole duty. Dying, he lcfttO
his stricken family aud to all who knew him
conclusive evidence that for him death had no
sting and over him the grave no victory.
The resolution will be spread upon the rec
ord of the court and the clerk is directed to
send copy thereof to the family of the de-
ceased.